JUDGMENT

The Civil Miscellaneous Appeal is directed against the award dated 06.10.2021, passed in M.C.O.P.No.44 of 2019, on the file of the Motor Accident Claims Tribunal/Additional District Judge, Srivilliputhur.

2. The appellant/Transport Corporation, who was made available to pay compensation of Rs.20,86,600/- along with interest at 7% p.a., and costs to the claimants for the death of one S.Chandrasekar, who died consequent to an accident occurred on 16.10.2018, challenged the liability mulcted on it and also the quantum of compensation awarded by the Tribunal.

3. The case of the claimants is that on 16.10.2018 at about

06.45p.m., when the deceased was returning from Agasampatty in Splender Plus Motorcycle bearing Registration No.TN-58-AV-6606 as pillion rider, which was driven by his friend Ashokkumar on the extreme left side of the road, a Government bus bearing Registration No.TN-67- N-0583, which came in the opposite direction in a rash and negligent manner and without sounding horn, had dashed against the two wheeler, that both the rider as well as the pillion rider had sustained serious injuries and were taken to Watrap Government Hospital, that after first- aid, the injured Chandrasekar was referred to Madurai Rajaji Government Hospital and despite treatment, he succumbed to the injuries on 23.10.2018 and that the rash and negligent driving of the bus driver was responsible for the accident and hence, a case has been registered against the bus driver in Cr.No.331 of 2018, under Sections 279, 337 and 304-A I.P.C., on the file of the Watrap Police Station. It is the further case of the claimants that the claimants are the parents of the deceased, that the deceased Chandrasekar was hale and healthy at the time of accident and that he was working as a Supervisor in Venkateshwara poultry near Hosur and was earning Rs.15,000/-per month.

4. The defence of the appellant/Transport corporation is that the bus, after dropping the passengers in Agasampatty bus stop, proceeded from South to North, that at that time, the two wheeler came in a rash and negligent manner from North to South and on seeing the two wheeler rider appeared to have been in drunken state and was not wearing helmet and was not following the road rules, the bus driver stopped the bus on the left extreme of the road, that the two wheeler rider who was unable to control the vehicle, had dashed against the bus and thereby caused the accident, that the bus driver was not responsible for the accident, that the two wheeler rider alone had caused the accident, that the claim of the petitioners is excessive and the respondent is not liable for the claim and that the above claim petition is liable to be dismissed.

5. During trial, the claimants have examined the first claimant Sangilikalai as P.W.1 and one Tmt.Suseela as P.W.2 and exhibited 21 documents as Exs.P.1 to P.21. The appellant/Transport Corporation has examined its driver as R.W.1 and adduced no documentary evidence. The learned trial Judge, upon considering the evidence, both oral and documentary and on hearing the arguments of both sides, has passed the impugned award dated 06.10.2021, holding that the rash and negligent driving of the bus driver was responsible for the accident, directing the appellant / Transport Corporation to pay compensation of Rs.20,86,600/- with interest at 7% per annum and costs to the claimants. Aggrieved by the said award, the Transport Corporation has come forward with the present Civil Miscellaneous Appeal.

6. The points for consideration are (i) Whether the Tribunal erred in mulcting the entire liability on the appellant/Transport Corporation, despite showing that the claimants failed to produce the driving licence of the rider of the two wheeler, that the deceased pillion rider was not wearing helmet at the time of accident, that the rider as well as the pillion rider were in drunken mood and that thereby the rider and the pillion rider had contributed to the accident?

(ii) Whether